Sunday, August 12, 2012

Joseph Daniel Burns a/k/a/ JoJo

Executed July 21, 2010 at 6:50 p.m. by Lethal Injection in Mississippi

Summary:
Burns and Phillip Hale had been hanging out with Michael McBride, who
was the manager of a Tupelo motel. When he asked them if they wanted to
help him count the motel’s cash, they decided to steal the money. In
court testimony, Hale admitted he hit McBride and knocked him down. He
said he then left the room to see if anyone was coming, but when he
returned, “Burns was stabbing McBride in the back of the neck with a
knife, a fork and a Phillips head screwdriver.” Hale testified McBride
kept repeating “Why me?” during the stabbing. The following weekend,
Burns and Hale spent the stolen money at casinos in Tunica. Accomplice
Hale received a life sentence for homicide/murder in 1997. He was
released on parole in 2008.

Final/Special Meal:
Burns made no request for a last meal and ate turkey and roast beef sandwiches in the afternoon.

Final Words:
Burns recited the 23rd Psalm and said he was going to live with
Jesus.”You can believe that.” Burns then apologized to the victim’s
family for the “evil” he brought upon them and stated, “I pray you will
one day forgive me, not for myself but for yourself.” Burns then said
to his sister: “Boo, take care of your sister. I love you. All right,
devil, let’s do your work. That’s it.” Hours before he was put to death,
Burns rehearsed the statement he gave to McBride’s family members.

PARCHMAN
— Joseph Daniel Burns apologized to Mike McBride’s family members for
the “evil” he brought upon them 16 years ago. “I pray you will one day
forgive me, not for myself but for yourself,” he said Wednesday night.

Minutes
later, Burns, 42, nicknamed “JoJo,” was executed for the Tupelo motel
manager’s murder – becoming the third inmate put to death at the
Mississippi State Penitentiary at Parchman since May. His official
time of death was 6:50 p.m.

Greg
Gordon, McBride’s brother-in-law, said Burns’ death brought some
closure to their family. “For nearly 16 years the wheels of justice
have had our family on a nightmare of a roller coaster ride,” he said.
“Today, justice was served for that senseless act, and the ride has
finally come to an end.”

McBride’s
beaten and stabbed body was found in his residence, adjacent to the
Town House Motel’s main office, in November 1994.

The
execution was delayed several minutes Wednesday while the U.S. Supreme
Court completed its review of a last-minute appeal on Burns’ behalf.
The Mississippi Department of Corrections received word to go forward
with the execution shortly after 6 p.m. – around the time he originally
was scheduled to be executed. The state Supreme Court earlier had
denied a stay of execution, and Gov. Haley Barbour denied a petition
for clemency.

Corrections
Commissioner Chris Epps said Burns appeared to have accepted that he
would be executed and was religious in his final hours.

Burns
visited with his three daughters, his mother and his sister, as well as
prison chaplain James Whisnant in his final hours. His mother, Imogene
Henry, and sister, Delana Loveless, then witnessed his death. Henry
appeared visibly shaken as she exited the witness room. None of his
family members was made available to the media.

Burns
made no request for a last meal and ate turkey and roast beef
sandwiches in the afternoon. He did not take a sedative or a shower
before the execution, Epps said.

MDOC
records show Burns had racked up more than 40 infractions, including
violations for a 2000 hunger strike, refusing several drug screenings
and possession of illegal items in prison.

The
murder of Mike McBride wasn’t Burns’ first brush with the law. Court
records show Burns had been convicted of burglary and larceny in 1987.
He also had an earlier conviction, but that record is sealed because
he was a juvenile at the time. Burns was sentenced to five years but
given a chance to enter into the state’s RID program. He also was told
to undergo alcohol and drug rehab.

Burns
was convicted and sentenced to death in 1996 for robbing and killing
McBride, 57. Phillip Hale, 39, Burns’ accomplice, received a life
sentence in 1997 for his part in the murder, but MDOC records show he
was released on parole Dec. 1, 2008. Records show he is living in Lee
County. The Clarion-Ledger has not been able to reach him.

Hale
testified at Burns’ trial that two men had been hanging out with
McBride when the motel manager asked them if they wanted to help him
count the motel’s cash. They decided to steal the money.

In court
testimony, Hale admitted he hit McBride and knocked him down. He said
he then left the room to see if anyone was coming, but when he
returned, ” Burns was stabbing McBride in the back of the neck with a
knife, a fork and a Phillips head screwdriver.” Hale testified McBride
kept repeating “Why me?” during the stabbing.

The following weekend, Burns and Hale spent the stolen money at casinos in Tunica.

“It is
only through God’s love, mercy and grace that we were able to forgive
and pray for the two individuals responsible for Mike’s death,” Gordon
said. “Our faith in God is strong and he has carried us through this
tragic loss.”

About a
dozen protesters gathered outside the gates of Parchman in opposition
to the death penalty. Several more gathered at Smith Park in downtown
Jackson.

There
are 59 inmates on Mississippi’s death row. The state has executed 44
people since March 1955, including Burns. Paul Everette Woodward and
Gerald James Holland were executed back to back in May. They were the
first since August 2008. Officials have said two more executions could
be scheduled by the end of the year.

Mississippi
on Wednesday executed Joseph Daniel Burns for the 1994 stabbing death
of a Tupelo motel clerk.The 42-year-old was given a lethal injection
Wednesday evening at the State Penitentiary at Parchman. Burns was
pronounced dead at 6:50 p.m. It was Mississippi’s third execution this
year.

Burns
was convicted of murder in 1996 and was sentenced to death for the
slaying of Floyd Melvin McBride at the Town House Motel. Prosecutors
said Burns stabbed McBride while an accomplice opened the motel safe,
then the two men fled with money from the safe.

Burns,
clad in a red prison jumpsuit and white sneakers, apologized to
McBride’s sister and nephew, asking them to forgive him “for this evil
and pain I brought on you.” Strapped to a gurney with IV tubes in his
arms, he recited the 23rd Psalm. After the final line — “And I will
dwell in the house of the Lord forever” — he added, “You can believe
that because that’s where I’m going.” “All right, devil, let’s do your
work. That’s it,” he said as corrections officials cut off the
microphone. After a short time he closed his eyes and was still.

His
mother and a sister were on hand as witnesses. No member of Burns’
family came to the media center to speak after the execution. His body
was turned over to a Tupelo funeral home. McBride’s brother-in-law,
Greg Gordon of Tupelo, read from a statement in which he asked for
prayers for both families. Gordon said it was only through those
prayers that the McBride family could forgive Burns for what he did.
“It is only through God’s love, mercy and grace that we were able to
forgive and pray” for Burns, Gordon said. “Today, justice was served
for that senseless act,” he said.

Earlier
Wednesday, Republican Gov. Haley Barbour denied Burns’ request for
clemency. “I will not substitute my judgment for that of the courts,
which have considered the matter,” Barbour said. Mississippi allows the
death penalty in cases where a person is convicted of murder along with
another felony, such as robbery.

Burns
had been scheduled to die at 6 p.m., but the U.S. Supreme Court asked
the state Wednesday afternoon to delay the execution while justices
reviewed issues raised by Burns’ attorneys, including whether Burns was
denied a mental evaluation. State officials agreed to the delay. Less
than a half hour after the originally scheduled time, the stay was
denied. Soon after the denial was announced, witnesses were escorted to
the execution site. Burns had spent Wednesday in a cell near the death
chamber. He visited with his mother, three sisters and two daughters.

Burns
did not initially request a last meal, but later changed his mind.
Corrections Commissioner Chris Epps said Burns had roast beef and
turkey sandwiches and a soft drink. Epps said Burns declined a
sedative.

Burns’
lawyers claimed in the petition to the U.S. Supreme Court that
Mississippi judges should have allowed the inmate’s expert to conduct a
psychological evaluation that could have been used for clemency or
appeals. Prison officials won’t allow defense experts to have access to
death row prisoners without a judge’s order, the petition said. “When
Burns was denied access, he was denied his fundamental constitutional
rights,” the lawyers argued.

Burns’
lawyers also claimed his attorney did not properly prepare for the
sentencing phase of his trial. The Mississippi Supreme Court rejected a
similar argument. Mississippi Attorney General Jim Hood said in papers
filed with the high court that Burns had plenty of time to file an
appeal with the nation’s highest court. “By waiting until the last
minute to file these actions no other conclusion can be reached other
than petitioner is attempting by any means to delay his execution with
the tardiness of his filings,” Hood wrote.

JoJo
Burns and Phillip Hale both had a hand in the robbery and murder of Mike
McBride — there’s no question about it. But while Burns is sitting in a
holding cell waiting to be executed tonight, Hale is back home in Lee
County.

Hale,
39, testified against Burns at trial and received a life sentence for
homicide/murder in 1997. He was released on parole Dec. 1, 2008,
records show. I’ve been trying to track down Hale to get his thoughts
on all of this but have so far been unsuccessful at getting anyone to
respond to my queries on how to contact him.

Of the
two men, Hale was the one who actually knew McBride. He did odd jobs
around the hotel, like cleaning the pool and mowing the lawn. He
introduced Burns to McBride the day of the murder. McBride’s sister,
Kay Gordon, told me that her brother had even taught Hale how to read.

Hale
testified at Burns’ trial that two men were hanging out with McBride
when the hotel manager asked them if they wanted to help him count some
cash. The two men decided to steal the money instead. In court
testimony, Hale admitted he hit McBride and knocked him down. He said
he then left the room to see if anyone was coming, but when he returned
“Burns was stabbing McBride in the back of the neck with a knife, a
fork and a Phillips head screwdriver.” Hale testified McBride kept
repeating “Why me?” during the stabbing.

Still,
Hale admitted that he helped cover up the crime and the following
weekend, he and Burns went to Tunica casinos and spent the money they
stole from McBride’s office.

MDOC
Commissioner Chris Epps said Burns “does regret committing the crime.”
But the death row inmate also told the commissioner that Hale played a
bigger role than he indicated in court testimony. “He has forgiven him
and he has accepted God,” Epps said.

When you
have a crime committed by two people, I think the most obvious defense
is pointing the finger. It’s not surprising that Hale testified
against Burns, and it’s not surprising that Burns is now using this
opportunity to make statements against Hale. It will be interesting to
see whether Burns’ final remarks to McBride’s family include any
references to Hale’s role. I also wonder whether Mr. McBride’s family
has any thoughts on the matter.

The CL’s
Jimmie Gates will be witnessing tonight’s execution of JoJo Burns
alongside Jack Ellitott from the AP, Keith Hill from Mississippi News
Network and Ronnie Mott from the Jackson Free Press. WAPT’s Mary
Kathryn Adams and Brad McMullan also were scheduled to witness the
execution, but MDOC spokeswoman Suzanne Singletary said the WAPT team
had a wreck on the way to Parchman so they will not be here. Singletary
said she heard one person was injured and had to be taken to the
hospital. No further details at this time.

The
media witnesses serve an important purpose because they have to come
back and detail what they saw. There are no photos/videos allowed in
there. You can’t even bring a cellphone. Other witnesses tonight
include Parchman Chaplain James Whisnant, attorney Glenn Swartzfager,
(inmate) JoJo Burns’ mother and sister, (victim) Mike McBride’s sister
and nephew, and Lee County Sheriff Jim Johnson.

Sen.
Merle Flowers, R-Southaven, will be the witness on Gov. Haley Barbour’s
behalf. I witnessed the state’s last execution — Gerald James Holland.
This time I’m out here in the media center posting the latest info
here and on the CL site.

It’s a
morbid fascination. Everyone always wants to know — what’s going to be
his last meal? Well, JoJo Burns pulled a fast one and requested nothing
special. He will be offered the standard meal all other inmates are
given for dinner tonight — red beans and rice, corn, greens, cornbread,
cake and iced tea.

“He
didn’t see a big deal in not requesting a last meal,” Mississippi
Department of Corrections Commissioner Chris Epps said. “It’s the first
time I can recall an imate didn’t request one.” Epps said he
questioned him about it to see why. Although MDOC requires that last
meals are able to be prepared by the regular staff here, it’s not
uncommon to see some pretty unusual and even extravagant requests.

Paul
Everette Woodward had a burger with fries, onion rings, a bowl of
chili, ice cream and root beer before he was executed. Epps said
Woodward ate everything except a couple of fries.

So it’s
no wonder Epps said he was a bit surprised that Burns didn’t want
anything special. Burns did not eat breakfast this morning. He was
given a plate of sausage, biscuits and eggs, but Mississippi Department
of Corrections Commissioner Chris Epps said he he declined the food.

For
lunch, Burns ate salami with bread, cheese, pickles, lettuce and juice.
He had an afternoon snack of roast beef and turkey sandwiches and a
Coca-Cola.

The
murder of Mike McBride wasn’t JoJo Burns’ first brush with the law.
Court records show that Burns had been convicted of burglary and larceny
in 1987. He also had an earlier conviction, but that record is sealed
because he was a juvenile at the time.

Burns’
attorney during the 1987 case was none other than Roger Wicker — now
U.S. Senator for Mississippi. Burns was sentenced to five years, but
given a chance to enter into the state’s RID program. He also was told
to undergo alcohol and drug rehab.

JoJo
Burns has racked up more than 40 infractions while in MDOC custody for
the murder of Mike McBride. Here’s a sampling of the rules he’s broken:

2010: Two for contraband, two for refusing a drug screen and one for passing an object.
2009: Two each for refusing a drug screen, threatening a staff member and contraband.
2008: Threatening a staff member and possession of marijuana.
2007: Contraband and assaulting a staff member.
2006: Interfering with security.
2004: Assaulting an inmate.
2001: Possession of tobacco/paper.
2000: Refusing 17 meals (hunger strike) and two refusals of drug screenings.
1999: Possession of a “stinger” in prison.
1997: Unauthorized contact with the public (correspondence with pen pal
via Internet), possession of unauthorized items (radio, stinger,
lighter) and interfering with the running of the facility.